Legal Opinion
In re Gutierrez
United States Bankruptcy Court, C.D. California
Decided November 27, 2013No. 2:12-bk-49133-NBPublishedCited by 2 opinions
1Opinion of the Court
TENTATIVE RULING THAT PETITION DATE IS THE APPROPRIATE DATE TO DETERMINE IF JUNIOR LIENS ARE SUBJECT TO MODIFICATION
NEIL W. BASON, Bankruptcy Judge.
The debtor has filed a motion to avoid two junior liens on property that he claims as his principal residence (the “Motion”). A hearing was held on July 31, 2013 and continued several times. Appearances were as noted on the record.
A separate written memorandum (dkt. 34) (the “Valuation Memorandum”) addresses the value of the subject property as of two alternative dates. As of October of 2013, the tentative value is $405,000, which apparently is…
2Cases cited23 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- In Re Sieglinde M. Zimmer, Debtor, Sieglinde M. Zimmer v. Psb Lending CorporationCourt of Appeals for the Ninth Circuit · 2002
- Lam v. Investors Thrift (In Re Lam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- Johnson v. General Motors Acceptance Corp. (In Re Johnson)District Court, S.D. Georgia · 1994
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3Cited by2 opinions
- DiMauro v. Wilmington Trust Co. (In re DiMauro)United States Bankruptcy Court, D. Delaware · 2016
- Vecchio v. LicciardiDistrict Court, D. Nevada · 2023